Commercial Information Circulars
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e-mail address : enquiry@tid.gov.hk
Ref : EIC 230/2/3/2/13
27 September 2011
Dear Sirs,
Commercial Information Circular No. 582/2011
European Union (EU)* : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Certain Plastic Sacks and Bags Originating in, inter alia, the Mainland of China
Further to the Commercial Information Circular No. 59/2011 of 24 January 2011, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of certain plastic sacks and bags originating in, inter alia, the Mainland of China. The notice can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2011:283:0011:0015:EN:PDF.
DETAILS
Ground for the Review
2. The expiry review is initiated at the request lodged on 30 June 2011 by 33 Union producers or groups of producers (the applicants) representing a major proportion, in this case more than 25%, of the Union production of certain plastic sacks and bags. The request is based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and continuation of injury to the Union industry. In particular, the prima facie evidence provided by the applicants shows that the volumes and the prices of the imported product concerned have continued, among other consequences, to have a negative impact on the level of prices charged by the Union industry, resulting in substantial adverse effects on the financial situation and the employment situation of the Union industry.
Review Procedures
3. Salient points of the expiry review are set out below-
| (a) Date of Publication of the Notice of Initiation | : | 27 September 2011 |
| (b) Product Coverage | : | Plastic sacks and bags, containing at least 20 % by weight of polyethylene and of sheeting of a thickness not exceeding 100 micrometers (μm), currently falling within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 (TARIC codes 3923 21 00 20, 3923 29 10 20 and 3923 29 90 20). |
| (c) Procedures | : | In view of the apparent large number of parties involved in the proceeding, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf should make themselves known to the Commission and provide information requested in paragraph 5.1(a)(i) of the notice in question, including contact details, turnover, activities of their company/related companies, production, and indication of agreement for being included in the sample which implies replying to a questionnaire and accepting an on-the-spot investigation. Such information should reach the Commission within 15 days from 27 September 2011. All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days from 27 September 2011. The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample. In order to obtain necessary information for the investigation, the Commission will send questionnaires to, among others, the Union industry, sampled exporters/producers in the Mainland of China, any association of exporters/producers, sampled importers, any association of importers, and the authorities of the Mainland of China. If sampling is applied, sampled parties must reply to the questionnaires within 37 days from the date of the notification of their inclusion in the sample, unless otherwise specified. All interested parties should request a questionnaire or other claim forms within 15 days from 27 September 2011. All interested parties, if their representations are to be taken into account, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days from 27 September 2011, unless otherwise specified. They may also apply to be heard by the Commission within 37 days from 27 September 2011. In the previous investigation Malaysia was used as an appropriate market economy country for the purpose of establishing normal value in respect of the Mainland of China. The Commission envisages using Malaysia again for this purpose. Interested parties are invited to comment on the appropriateness of this country within 10 days from 27 September 2011. Interested parties should make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any powers of attorney, signed certifications and any updates thereof accompanying questionnaire replies shall be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. Commission address for correspondence:
Commission address for correspondence:
Contact: |
| (d) Investigation Schedule | : | Investigation will be concluded within 15 months from 27 September 2011. |
BACKGROUND
4. Definitive anti-dumping duties on certain plastic sacks and bags originating in, inter alia, the Mainland of China have been imposed since 30 September 2006. The current duty in force is 28.8% of the net, free-at-Union-frontier price before duty (except for a number of companies where the individual duty rates range from 4.3% to 12.8%) (details can be found in Commercial Information Circulars No. 388/2006 of 29 September 2006, No. 180/2008 of 20 March 2008 and No. 133/2009 of 12 March 2009).
ENQUIRIES
5. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.
Yours faithfully,
(Alex LI)
for Director-General of Trade and Industry
* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
Note ：
- (1) While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.
- (2)The biweekly newsletter "Business Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. The newsletter is available for free e-subscription and can be accessed through
http://www.tdctrade.com/alert/eualert.htm.